- 10 - the issue concerns dominion and control. Respondent posits that because petitioners had dominion and control over all of the forfeited funds, which were originally earned through an apparent illegal activity, the proceeds represent taxable income to petitioners. The mere receipt and possession of money does not by itself constitute gross income. See, e.g., Liddy v. Commissioner, T.C. Memo. 1985-107, affd. 808 F.2d 312 (4th Cir. 1986). Gross income, as used in section 61(a), means the accrual of some gain, profit, or benefit to the taxpayer. In this regard, the Supreme Court explained that a "gain `constitutes taxable income when its recipient has such control over it that, as a practical matter, he derives readily realizable economic value from it.'" James v. United States, 366 U.S. 213, 219 (1961)(quoting Rutkin v. United States, 343 U.S. 130, 137 (1952)). In determining what constitutes gross income, mere dominion and control over money and property, as may be exercised by a debtor or trustee, is not necessarily decisive. Rather, all relevant facts and circumstances must be considered. Liddy v. Commissioner, supra. A taxpayer has dominion and control over cash when he or she has the freedom to use it at will, even though that freedom may be assailable by persons with better title. Rutkin v. United States, supra. For instance, the use of money for personal purposes is an indication of dominion and control. Woods v. Commissioner, T.C. Memo. 1989-611, affd. perPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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